Battery and assault are often used interchangeably, however, the main difference is that a battery requires the other party to be touched. Penal Code section 243 (domestic violence battery) carries a penalty of up to 1 year in the county jail. In addition to jail time, domestic violence cases usually require domestic violence classes and/or counseling. Penal Code section 242 (non domestic violence battery) carries a penalty of up to six months in jail and a judge will usually issue a no-contact order with the injured party.
If you are being investigated for a criminal offense, or have been charged with a criminal offense, and want to know how to best proceed, please contact the attorneys at Jackson Law online or call Jackson Law at 650-587-8556.